Santander Robocall Lawsuit Fights Back Against Unwanted Calls

A class action Santander robocall lawsuit has been filed by a Pennsylvania woman, alleging she and other consumers have received persistent unwanted spam calls.

The woman claims the company allegedly used an automated dialing system to place spam calls, which spurred her to file the class action Santander robocall lawsuit on behalf of herself and others similarly situated.

Lead plaintiff Trileise B. filed the class action Santander robocall lawsuit after the company allegedly persistently called her to collect on a debt she asserts she did not owe. The defendant Santander Consumer US Inc. is a debt collection business, commonly contracted to collect on debts owed by consumers. While debt collection is not necessarily illegal, these companies must adhere to strict federal regulations when calling consumers.

These policies fall under the Telephone Consumer Protection Act (TCPA), which prohibits companies from using automated dialing systems to generate phone numbers to place calls without first getting consent from the person being called. The TCPA also restricts companies’ use of an artificial voice to respond when the calls are answered and must have a representative able to identify themselves and the company they work for.

In addition, the TCPA requires companies to keep a do-not-call registry for consumers and must give consumers the option of opting into the registry so the calls will end.

Overview of Class Action Santander Robocall Lawsuit

According to the Santander robocall lawsuit, Trileise began receiving unwanted cellphone calls in July 2017. The company would then repeatedly call her to collect on an alleged debt, to which Trileise never owed.

In addition, Trileise never gave her contact information to Santander Consumer nor did she ever give the company permission to contact her. Trileise asked the company to stop calling her on multiple occasions and repeatedly stated she was not the owner of this alleged debt.

Based on the repetitive nature of the calls, Trileise alleges the company uses an automated dialing system that randomly generated her cellphone number and then placed the call. Trileise opted for a class action for her Santander robocall lawsuit to represent other consumers who may have been subjected to the same treatment.

Trileise is filing this class action Santander robocall lawsuit alleging multiple violations of the TCPA and asserts claims for mental anguish caused by the stress of the phone calls. The TCPA was established in the early 1990s, to help protect consumers against persistent and abusive telemarketing tactics.

In addition to restricting companies’ use artificial voices and automated dialing systems, the TCPA also requires companies to gain express consent from consumers before placing any of these calls. Furthermore, the TCPA prohibits companies from calling outside of reasonable daytime hours and prohibits companies from calling any emergency lines.

The TCPA has recently been amended to include spam text messages, asserting they infringe upon the consumer’s cell phone plan. Statutory damages for certain kinds of TCPA violations can range between $500 to $1,500, depending if a willful violation can be proved. Trileise is seeking damages for all spam phone calls she received, along with any additional damages for her fellow class members.

This class action Santander Robocall Lawsuit is Case No. 2:17-cv-01227-CB, in the U.S. District Court for the Western District of Pennsylvania.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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